5.  The applicant was born in 1972 and lives in Haskovo.
6.  In a will dated 21 March 1991 the applicant’s father bequeathed his whole estate to his brother, Mr L.I. Subsequently, in a deed of donation dated 29 December 1997, the applicant’s father transferred to L.I. a share in a house and yard which belonged to him.
7.  The applicant’s father died on 22 December 2002.
8.  On an unspecified date in 2003 the applicant brought an action against Mr L.I., claiming that the will of 1991 and the donation of 1997 infringed his right to a “reserved share” in his late father’s estate. He also brought a partition claim against Mr L.I. in respect of two real properties. It appears that the applicant was represented by counsel.
9.  On 15 May 2003 the Haskovo District Court rejected the applicant’s claim as inadmissible. It reasoned that the applicant had not drawn up an inventory of the property in his father’s estate, which was a procedural pre‑requisite for claiming a reserved share from individuals who were not heirs-at-law of the deceased. The applicant appealed against the decision.
10.  On 18 June 2003 the Haskovo Regional Court quashed the decision of 15 May 2003 and remitted the case for further examination. Relying on established case-law, it held that the applicant’s uncle was an heir-at-law of the applicant’s father within the meaning of section 30(2) of the Inheritance Act and that, therefore, the applicant was not required to have claimed his reserved share of the inheritance by means of an inventory.
11.  In a judgment of 29 July 2004 the Haskovo District Court restored the applicant’s reserved share in the two real properties and declared admissible his partition action. It held that the two dispositions made by the applicant’s father had practically disinherited the applicant and had therefore violated his right to a reserved share, which amounted to half of his father’s estate.
12.  Following an appeal by Mr L.I., on 3 January 2005 the Haskovo Regional Court upheld the judgment of 29 July 2004. Relying on an interpretative decision of the Supreme Court of 1964, it rejected the defendant’s objection that the applicant was not entitled to claim his reserved share because he had not claimed the inheritance through the drawing up of an inventory.
13.  On 25 February 2005 Mr L.I. lodged an appeal on points of law. In a request filed on 7 June 2005 Mr L.I. asked the court to discontinue the proceedings relying on Interpretative Decision No. 1 of 2005, adopted by the Supreme Court of Cassation (“the SCC”) on 4 February 2005, in which that court declared the relevant part of the interpretative decision of 1964 no longer applicable and considered that the term “heirs-at-law” in section 30(2) of the Inheritance Act 1949 should be interpreted as meaning only heirs-at-law who effectively succeeded to the deceased’s estate (see paragraph 17 below). It is not clear whether the applicant was notified about this request before the hearing of the SCC held on 14 June 2005. In a judgment of 14 July 2005 the SCC quashed the judgment of 3 January 2005 and dismissed the applicant’s claims. Relying on Interpretative Decision No. 1 of 4 February 2005, it held that the applicant had not complied with the statutory requirements for claiming his reserved share, since he had not claimed the inheritance by means of an inventory.